United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
A/RES/67/187
Guideline 15
Regulation and oversight of legal aid providers
69. In adherence to principle 12, and subject to existing national legislation
ensuring transparency and accountability, States, in cooperation with professional
associations, should:
(a)
Ensure that criteria are set for the accreditation of legal aid providers;
(b) Ensure that legal aid providers are subject to applicable professional
codes of conduct, with appropriate sanctions for infractions;
(c) Establish rules to ensure that legal aid providers are not allowed to request
any payment from the beneficiaries of legal aid, except when authorized to do so;
(d) Ensure that disciplinary complaints against legal aid providers are
reviewed by impartial bodies;
(e) Establish appropriate oversight mechanisms for legal aid providers, in
particular with a view to preventing corruption.
Guideline 16
Partnerships with non-State legal aid service providers and universities
70. States should, where appropriate, engage in partnerships with non-State legal
aid service providers, including non-governmental organizations and other service
providers.
71. To this end, States should take measures, in consultation with civil society and
justice agencies and professional associations:
(a) To recognize in their legal systems the role to be played by non-State
actors in providing legal aid services to meet the needs of the population;
(b) To set quality standards for legal aid services and support the development
of standardized training programmes for non-State legal aid service providers;
(c) To establish monitoring and evaluation mechanisms to ensure the quality
of legal aid services, in particular those provided at no cost;
(d) To work with all legal aid service providers to increase outreach, quality
and impact and facilitate access to legal aid in all parts of the country and in all
communities, especially in rural and economically and socially disadvantaged areas
and among minority groups;
(e) To diversify legal aid service providers by adopting a comprehensive
approach, for example, by encouraging the establishment of centres to provide legal
aid services that are staffed by lawyers and paralegals and by entering into
agreements with law societies and bar associations, university law clinics and
non-governmental and other organizations to provide legal aid services.
72.
States should, where appropriate, also take measures:
(a) To encourage and support the establishment of legal aid clinics in law
departments within universities to promote clinical and public interest law
programmes among faculty members and the student body, including in the
accredited curriculum of universities;
(b) To encourage and provide incentives to law students to participate, under
proper supervision and in accordance with national law or practice, in a legal aid
clinic or other legal aid community scheme, as part of their academic curriculum or
professional development;
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